Madera, CA asked in Immigration Law for California

Q: can i get my money back? i was pying an immgration lawyer but canceled after paying 6000 what can i do.

all he did was the first paperwork. i was the one asking uscis what was going in and in the email uscis sent me it has another lawyer name then the one i was paying and the one thats on my contract. hes not wanting to refund me anything

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2 Lawyer Answers
Stanley Dale Radtke
Stanley Dale Radtke
Answered
  • Immigration Law Lawyer
  • San Leandro, CA
  • Licensed in California

A: You would need to first demand your money back directly from the attorney you hired. It would be best if you placed your complaint in a letter, describing in detail why you believe you are entitled to the refund. Your attorney may agree with you, or provide a partial refund, or deny your claim entirely.

If you are not satisfied with the attorney's response, then next step would be to file a complaint against the attorney with the state licensing board. In order to practice immigration law, your attorney only needs to be licensed in one of the 50 state, so you need to find out what state they are licensed in. If your attorney is a California licensed attorney, then the placed to start is https://www.calbar.ca.gov/Public/Complaints-Claims/How-to-File-A-Complaint

Your final recourse would be file a lawsuit against your attorney alleging malpractice if that is in fact what occurred. A claim of $6,000 could be filed in Small Claims Court in the county where the attorney practices.

Ashley Negrette
Ashley Negrette
PREMIUM
Answered
  • Immigration Law Lawyer
  • San Diego, CA
  • Licensed in California

A: I recommend reviewing your retainer agreement to see what it says about issuing a refund. I would be cautious with relying on USCIS for information, sometimes their records are not accurate. You should also meet with an attorney to see what other options you have.

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